LAW OF THE REPUBLIC OF UZBEKISTAN

of January 14, 2020 No. ZRU-602

About modification and amendments in some legal acts of the Republic of Uzbekistan in connection with radical reforming of system of notariate

Accepted by Legislative house on December 9, 2019

Approved by the Senate on December 14, 2019

Article 1. Part the second article 11 of the Law of the Republic of Uzbekistan of December 9, 1992 No. 736-XII "About pledge" (in edition of the Law of the Republic of Uzbekistan of May 1, 1998 No. 614-I) (Sheets of Oliy Majlis of the Republic of Uzbekistan, 1998, No. 5-6, of Art. 96; 2002, No. 1, Art. 20; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2007, No. 4, Art. 156; 2009, No. 9, Art. 337; 2015, No. 8, Art. 312; 2018, 1, 4) to state No. to the Art. in the following edition:

"The agreement on mortgage, and also the pledge agreement of personal estate or the rights to property in ensuring agreement obligations which shall be notarially certified are subject to the notarial certificate, except for agreements on mortgage and pledge in case of real estate acquisition and vehicles in the primary market".

Article 2. Bring in the Civil code of the Republic of Uzbekistan approved by the laws of the Republic of Uzbekistan of December 21, 1995 No. 163-I and of August 29, 1996 No. 256-I (Sheets of Oliy Majlis of the Republic of Uzbekistan, 1996, appendix to No. 2, No. 11-12; 1997, No. 2, Art. 56, No. 9, Art. 241; 1998, No. 5-6, of Art. 102; 1999, No. 1, Art. 20, No. 9, Art. 229; 2001, Art. No. 1-2, 23, No. 9-10, Art. 182; 2002, No. 1, Art. 20, No. 9, Art. 165; 2003, No. 1, Art. 8, No. 5, Art. 67; 2004, Art. No. 1-2, 18, No. 5, Art. 90, No. 9, Art. 171; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2006, No. 4, Art. 154, No. 9, Art. of the Art. 494, 498; 2007, No. 1, Art. of the Art. 3, 5, No. 4, Art. of the Art. 156, 164, No. 8, Art. 367, No. 9, Art. 416, No. 12, Art. of the Art. 598, 608; 2008, No. 4, Art. 192, No. 12, Art. 640; 2009, No. 9, Art. 337; 2010, No. 9, Art. of the Art. 335, 337, 340; 2011, No. 12/2, of the Art. of the Art. 363, 364, 365; 2012, No. 4, Art. of the Art. 106, 109, No. 12, Art. 336; 2013, No. 10, Art. 263; 2014, No. 5, Art. 130, No. 12, Art. 343; 2015, No. 8, Art. of the Art. 310, 312; 2016, No. 4, Art. 125; 2017, No. 4, Art. 137, No. 9, Art. 510, No. 12, Art. 773; 2018, No. 1, Art. 4, No. 4, Art. 224, No. 7, Art. 433, No. 10, Art. 673; 2019, No. 3, Art. of the Art. 161, 166, No. 5, Art. 267, No. 10, Art. 671), following changes and amendment:

1) in Article 210:

the second to exclude part;

the third and fourth to consider parts respectively parts two and third;

Part the fifth Article 271 to state 2) in the following edition:

"The agreement on mortgage, and also the pledge agreement of personal estate or the rights to property in ensuring agreement obligations which shall be notarially certified are subject to the notarial certificate, except for agreements on mortgage and pledge in case of real estate acquisition and vehicles in the primary market";

"To the notarial certificate and" to exclude 3) from part one of Article 580 of the word.

Article 3. Bring in the Law of the Republic of Uzbekistan of December 26, 1996 No. 343-I "About notariate" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 1997, No. 2, Art. 42; 2001, No. 1-2, of Art. 23; 2003, No. 5, Art. 67; 2004, No. 1-2, of Art. 18; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2005, No. 9, Art. 312; 2006, No. 9, Art. 498; 2007, No. 12, Art. 608; 2009, No. 9, Art. 337; 2010, No. 9, Art. 335; 2012, No. 4, Art. 105; 2014, No. 5, Art. 130; 2017, No. 9, Art. 510; 2018, No. 4, Art. 224, No. 7, Art. 431, No. 10, Art. 673; 2019, No. 1, Art. 5) following changes and amendments:

The word "Main" to replace 1) in the name of Chapter 1 with the word "General";

2) in Article 1:

in word part one "legal acts" to replace with the word "law";

the second to state part in the following edition:

"Notarial actions in the Republic of Uzbekistan are made according to this Law and other acts of the legislation the notaries of offices of notary public and notaries who are engaged in private practice. The register of notaries conducts the Ministry of Justice of the Republic of Uzbekistan";

The text of Article 2 to state 3) in the following edition:

"The notary the citizen of the Republic of Uzbekistan can be not younger than twenty five years and at least three years, including with passing of training at least one year in notary office, the passed qualification examination are not more senior than sixty five years, having higher legal education, length of service on legal specialty. For the persons who worked in judgeship at least five years either as the assistant notary or in positions of judicial authorities, connected with management and control of notarial activities, at least three years, passing of training is not required. Persons who worked at least three years as the investigator, the investigator, the prosecutor of managerial personnel of judicial authorities which work is not connected with activities of notariate, or the lawyer pass training of six months if from the moment of the termination of their powers did not pass five years.

Cannot be the notary:

person recognized as incapacitated or is limited by capable;

person having the outstanding or not removed criminal record for making of intentional crime;

person whose powers as the notary, the lawyer, the investigator, the investigator, the prosecutor, the judge or other employee of law enforcement agencies were stopped for making of the acts incompatible with its professional activity, - within three years.

The notary can have the assistant, the trainee, and also other workers connected with the organization of notarial activities.

When making notarial actions notaries have the equal rights and perform identical duties irrespective of whether they work in office of notary public or are the notaries who are engaged in private practice. The documents processed by the notaries of office of notary public and notaries who are engaged in private practice have identical legal force.

To notaries of offices of notary public the special ranks - class ranks are given";

4) in Article 21:

third to state part in the following edition:

"Employment of the assistant notary of office of notary public is made by the Ministry of Justice of the Republic of Karakalpakstan, and also justice departments of areas and the city of Tashkent (further - justice departments). Employment of the assistant notary who is engaged in private practice is performed by the notary recommending it in coordination with the relevant territorial administration of Notarial chamber of the Republic of Uzbekistan (further - Notarial chamber)";

the fifth to state part in the following edition:

"To the assistant notary of office of notary public the special ranks - class ranks are given";

The text of Article 22 to state 5) in the following edition:

"The citizen of the Republic of Uzbekistan having the higher legal education can be the trainee of the notary.

Persons specified in part two of article 2 of this Law cannot be the trainee of the notary.

Employment of the trainee of the notary of office of notary public is made by the Ministry of Justice of the Republic of Karakalpakstan, justice departments.

Employment of the trainee of the notary who is engaged in private practice is performed by the notary fixed by the relevant territorial administration of Notarial chamber according to the recommendation of this management. The unreasonable refusal in employment of the trainee of the notary by the notary who is engaged in private practice is not allowed.

The training takes place in notary office. The trainee of the notary performs the activities under the leadership of the notary, carrying out its personal errands.

The procedure for the organization of activities of the trainee of the notary is determined by the Ministry of Justice of the Republic of Uzbekistan together with Notarial chamber";

The text of Article 31 to state 6) in the following edition:

"The qualification commissions under the Ministry of Justice of the Republic of Karakalpakstan, justice departments (further - the qualification commissions) are created for the purpose of consideration of question of suspension and cancellation of the license for the occupation right by private notarial activities (further - the license).

The qualification commissions are formed by decisions of the Ministry of Justice of the Republic of Karakalpakstan, justice departments in odd quantity in structure from five to nine people from among representatives of the relevant territorial administration of Notarial chamber, notaries and employees of judicial authorities.

For carrying out tender to destination to position of the notary of office of notary public and qualification examination on the occupation right private notarial activities, adoptions of the oath of the notary, consideration of appeals on decisions of the qualification commissions, and also generalization and the analysis of practice of work of the qualification commissions form the Highest qualification commission under the Ministry of Justice of the Republic of Uzbekistan (further - the Highest qualification commission) as a part of eleven people.

Judges of the Constitutional court of the Republic of Uzbekistan, the Supreme Court of the Republic of Uzbekistan, representatives of Notarial chamber, notaries and employees of judicial authorities, and also lawyers are part of the Highest qualification commission. The staff of the Highest qualification commission affirms the Minister of Justice of the Republic of Uzbekistan.

The procedure for carrying out tender and passing qualification examination, Regulations on the Highest qualification commission and the qualification commissions affirm the Ministry of Justice of the Republic of Uzbekistan";

Article 4 to exclude 7);

To state Article 7 in the following edition:

"Article 7. Restrictions in activities of the notary

The notary has no right:

be engaged in business and other activity, except scientific, creative and pedagogical, and also activities in Notarial chamber and its territorial administrations;

render intermediary services in case of the conclusion, change and agreement cancelation;

use the facsimile and transfer personal seal to other person, except for delivery by the notary who is engaged in private practice, seals in the Ministry of Justice of the Republic of Karakalpakstan, justice department for suspension of action of its license;

perform activities out of the territory of the location of the office, except as specified, provided by this Law.

The notary who is engaged in private practice also has no right to perform the activities without the conclusion of the agreement of compulsory insurance of the civil responsibility.

The restriction provided in paragraph three of part one of this Article extends also to other employees of office of notary public";

Article 8 to state 9) in the following edition:

"Article 8. Office of notary public

Offices of notary public are created and liquidated by the Ministry of Justice of the Republic of Uzbekistan.

The office of notary public has no the status of the legal entity.

The name of office of notary public shall contain words "office of notary public", specifying on the respective area, the city and, if necessary, number of office of notary public";

To add 10) with Articles 81 and 82 of the following content:

"Article 81. The notary who is engaged in private practice

The notary who is engaged in private practice, having the right to have without formation of legal entity own office, to open the bank account and other personal accounts, to have the property and personal non-property rights and obligations, to conclude and terminate employment contracts with workers, to participate in court on its own behalf and to make other actions, stipulated by the legislation.

Registration and removal from accounting of the notary who is engaged in private practice are performed by the Ministry of Justice of the Republic of Karakalpakstan and justice departments according to the procedure, established by the Cabinet of Ministers of the Republic of Uzbekistan.

In case of liquidation of office of the notary who is engaged in private practice, the property which remained after satisfaction of requirements of creditors remains at the disposal of the notary and is not subject to the taxation.

The notary who is engaged in private practice is independent in position assignment and dismissal of employees of the notary offices, except as specified, specified in articles 21 and 22 of this Law.

The name of office of the notary who is engaged in private practice shall contain the words "the notary who is engaged in private practice" and specifying on the respective area and the city.

Article 82. Premises of notary office

In notary office access to the notary of citizens, the mystery of notarial actions, safety of documents, materials of notarial clerical work and notarial archive, condition for acceptance of payments, audio-and video fixing shall be provided";

The text of Article 12 to state 11) in the following edition:

"The notary has personal seal with the image of the State Emblem of the Republic of Uzbekistan, specifying of surname, initials, positions of the notary and the name of notary office, stamps of certifying texts, forms of notary office. In notary's seal, engaged in private practice, series and license number are specified.

The register of notaries joins samples of their seal and the signature.

The notary's seal is made on the single sample approved by the Ministry of Justice of the Republic of Uzbekistan.

The seal, stamps, stamp (special) forms of the strict reporting of the notary are subject to return to the Ministry of Justice of the Republic of Karakalpakstan and justice department in cases of suspension, cancellation and cancellation of the license and in other cases, stipulated by the legislation.

The accounting treatment, storages, expenditure and the reporting of stamp (special) forms of the strict reporting by notary offices is established by the Ministry of Justice of the Republic of Uzbekistan";

Article 13 to exclude 12);

The name of Chapter 2 to state 13) in the following edition:

"Chapter 2. Procedure for organization and abolition of position of the notary, organization of its activities";

Article 14 to state 14) in the following edition:

"Article 14. Network and states of offices of notary public

The network of offices of notary public, their states affirm as the Republic of Uzbekistan the Ministry of Justice of the Republic of Uzbekistan.

In offices of notary public where two and more notaries work, one of them is appointed the senior notary with assignment of obligation on control of administrative and organizational work in this notary office";

15) in Article 15:

to exclude from the name of the word "Position Assignment of the Notary";

in part two the word "Quantity" shall be replaced with words "Minimum quantity";

speak rapidly third - to exclude the fifth;

To add 16) with Articles 151 - 154 following of content:

"Article 151. Acquisition of the status of the notary. Appointment and release of the notary from position

The license is the document confirming the right of person to implementation of private notarial activities.

The license is granted by the Ministry of Justice of the Republic of Karakalpakstan, justice departments based on the decision of the Highest qualification commission passed following the results of qualification examination on granting of power to the notary, according to the procedure, established by the Cabinet of Ministers of the Republic of Uzbekistan.

Person applying for acquisition of the status of the notary who is engaged in private practice (further - the applicant), for receipt of the license shall pass qualification examination.

The applicant who did not pass qualification examination is allowed to its repeated delivery not earlier than in six months.

The applicant who successfully passed qualification examination shall address to the Ministry of Justice of the Republic of Karakalpakstan, justice department for receipt of the license in a month.

The omission the applicant for the disrespectful reasons of circulation period for receipt of the license is the basis of cancellation of the license.

To the notary of office of notary public according to its statement the license without passing qualification examination is granted.

The applicant who obtained the license in accordance with the established procedure shall within three months from the date of receipt of the license create notary office and start implementation of notarial actions.

The notary who is engaged in private practice within three days from the moment of creation of notary office informs on it the Ministry of Justice of the Republic of Karakalpakstan, justice department.

The Ministry of Justice of the Republic of Karakalpakstan, justice department no later than the next day from the date of receipt of the notification register the notary who is engaged in private practice and notify on it the relevant territorial administration of Notarial chamber. From the moment of receipt of such notification the notary who is engaged in private practice becomes the member of Notarial chamber.

Position assignment of the notary of office of notary public is made by the Ministry of Justice of the Republic of Karakalpakstan, justice departments based on the decision of the Highest qualification commission passed following the results of tender.

Notaries of offices of notary public can be appointed in other notary offices according to the procedure of movement (rotation). The regulations on procedure for certification and movement (rotation) of notaries affirm the Ministry of Justice of the Republic of Uzbekistan.

The notary and employees of office of notary public are appointed to position and dismissed according to the labor law taking into account requirements of this Law.

Notaries undergo certification following the results of periodic increase in their professional qualification.

Article 152. Suspension of action of the license

Suspension of action of the license of the notary who is engaged in private practice is performed by the Ministry of Justice of the Republic of Karakalpakstan, justice departments which registered the notary based on the decision of the qualification commission in cases:

involvement of the notary to criminal liability - from the moment of attraction it as the person accused and to the introduction of the court verdict in legal force or before decision making about release it from criminal liability on the rehabilitating bases;

recognitions of the notary it is unknown absent in the procedure established by the legislation - for the period before cancellation by court of the decision on its recognition it is unknown absent;

identifications of violations by the notary of requirements of the legislation on notariate, Rules of professional ethics of notaries, mystery of notarial actions and oath of the notary;

failure to carry out or inadequate accomplishment by the notary of decisions of Notarial chamber or the judicial authority accepted within their competence, including obliging to eliminate the notary the revealed violations;

absence at the notary of the insurance contract of the civil responsibility or discrepancy of the signed agreement to requirements of the legislation - about day of the conclusion of such agreement or reduction of the signed contract in compliance with requirements of the legislation;

failures to carry out of the minimum requirements on the organization of notarial activities - before elimination of such cases;

failures to pay the membership fees by the notary in Notarial chamber more than a month - up to three months, until payment of the membership fees.

The Ministry of Justice of the Republic of Karakalpakstan, justice department, and also the Ministry of Justice of the Republic of Uzbekistan has the right to suspend the license no more than for ten days during functional audit check concerning the notary.

The term of suspension of action of the license cannot exceed six months, except as specified, provided in paragraphs second and third part one of this Article. In the specified time person whose license is suspended shall eliminate the circumstances which entailed suspension of action of the license if they have no unremovable character.

The decision of the Ministry of Justice of the Republic of Karakalpakstan, justice department on suspension of action of the license can be appealed in the Ministry of Justice of the Republic of Uzbekistan or in court.

Suspension of action of the license involves suspension of the status of the notary.

The Ministry of Justice of the Republic of Karakalpakstan, justice department in three-day time notify Notarial chamber on suspension and recovery of the status of the notary who is engaged in private practice and also publish the corresponding message in mass media and on the official website of the Ministry of Justice of the Republic of Uzbekistan. Suspension of the status of the notary who is engaged in private practice attracts suspension of membership of the notary in Notarial chamber.

After the termination of the cases which formed the basis for suspension of the status of the notary, person starts notarial activities.

At person whose status of the notary is suspended the possibility of use of the Single automated information system of notariate stops.

Cases of violation of the law which lead to action suspension and terms on which it is suspended the license are determined by the Minister of Justice of the Republic of Uzbekistan.

Article 153. Cancellation of the license

Cancellation of the license of the notary is performed by the decision of the Ministry of Justice of the Republic of Karakalpakstan, the justice department which registered it in cases:

addresses of the notary with the statement for cancellation of the license;

in case of failure to meet requirements, determined in parts six and the eighth article 151 of this Law;

appointments (election) of the notary to other paid position, except scientific, creative and pedagogical, and also activities in Notarial chamber and its territorial administrations;

legal incapacities of the notary or recognition its incapacitated in accordance with the established procedure;

introductions in legal force of conviction of court about recognition of the notary guilty of making of intentional crime;

terminations of nationality of the Republic of Uzbekistan;

achievements of sixty-five-year age by the notary;

the death of the notary or the introduction in legal force of the judgment about the announcement his dead.

Cancellation of the license of the notary by administrative court is performed based on the decision of the qualification commission on the statement of the Ministry of Justice of the Republic of Karakalpakstan, the justice department which registered it in cases:

failures to carry out without valid excuse within six months of the obligations;

detection of illegality of the decision on licensing;

not elimination by person which license is suspended, the circumstances which entailed suspension of action of the license in the time established by judicial authority;

systematic or single gross violation by the notary of requirements of the legislation on notariate, Rules of professional ethics of notaries, the mystery of notarial actions and the oath of the notary, making of the offense discrediting honor and advantage of the notary and belittling authority of notariate.

Cancellation of the license is performed from decision date about cancellation of the license.

The decision of the Ministry of Justice of the Republic of Karakalpakstan, justice department on cancellation of the license can be appealed in the Ministry of Justice of the Republic of Uzbekistan or in court.

Cancellation of the license involves the termination of the status of the notary.

The Ministry of Justice of the Republic of Karakalpakstan, justice department in three-day time notify Notarial chamber on the termination of the status of the notary who is engaged in private practice and also publish the corresponding message in mass media and on the official website of the Ministry of Justice of the Republic of Uzbekistan. The termination of the status of the notary who is engaged in private practice attracts the termination of membership of the notary in Notarial chamber.

In case of the termination of powers of the notary the Ministry of Justice of the Republic of Karakalpakstan, justice department make the decision on document transfer, the being in production at it, to other notary, other documents are subject to transfer to notarial archive.

Article 154. Cancellation of the license

Cancellation of the license is performed by the decision of the Ministry of Justice of the Republic of Karakalpakstan, justice department based on the statement of the notary, and in case of identification of the facts of receipt of the license with use of forgery documents - the decision of the administrative court accepted based on the statement of the Ministry of Justice of the Republic of Karakalpakstan, justice department.

In case of decision making about cancellation of the license the license is considered cancelled from the date of its issue.

Cancellation of the license does not mean recognition of the actions of the notary made during professional activity, illegal except cases when notarial action is nullified by court";

Part the second Article 16 to state 17) in the following edition:

"The notary office shall be in limits of the respective notarial district";

Article 18 to add 18) with part two of the following content:

"The notary who obtained the license in addition to the obligations provided in part one of this Article shall:

fulfill in the notarial district in which the notary office, is created at least two years;

in the cases determined by the Ministry of Justice of the Republic of Karakalpakstan, justice department to accept the documents which are in clerical work at the notary whose activities are suspended for the term of more than ten days;

bring in Notarial chamber the admission and membership fees which sizes are established by the Conference of Notarial chamber";

The text of Article 19 to state 19) in the following edition:

"The notary bears responsibility for violation of the obligations according to the procedure, provided by the law.

The damage caused by the notary of office of notary public owing to violation of the obligations is compensated by the state according to the procedure, determined by the Cabinet of Ministers of the Republic of Uzbekistan.

The notary who is engaged in private practice bears property damage liability, caused to property of physical persons and legal entities as a result of violation of the law by notarial actions if other procedure is not provided by this Article.

The damage caused to property of physical person or legal entity in the cases specified in part three of this Article is compensated at the expense of insurance indemnity (insurance sum) according to the insurance contract of the civil responsibility of the notary who is engaged in private practice or in case of insufficiency of this insurance indemnity - due to personal property of the notary, in case of insufficiency of personal property of the notary - at the expense of the Compensation fund under Notarial chamber. In case of damnification to property of physical persons and legal entities as a result of the intentional actions of the notary who is engaged in private practice, confirmed with the judgment, this damage does not become covered by the Compensation fund under Notarial chamber.

The state does not bear damage liability, caused by actions (failure to act) of the notary who is engaged in private practice";

To add 20) with Article of 191 following contents:

"Article 191. Insurance of activities of the notary who is engaged in private practice

The notary who is engaged in private practice shall sign the insurance contract of the civil responsibility of the notary when implementing of notarial activities by it.

The notary who is engaged in private practice, having no right to carry out the obligations and to make notarial actions without the conclusion of the insurance contract of the civil responsibility.

Object of insurance according to the insurance contract of the civil responsibility are the valuable interests connected with risk of responsibility of the notary who is engaged in private practice according to the obligations arising owing to causing property harm to the physical person or legal entity which addressed for making of notarial action and (or) the third parties when implementing notarial activities.

Insured event according to the insurance contract of the civil responsibility of the notary is the established judgment which took legal effect or the fact of causing property harm to physical person or legal entity admitted by the insurer actions (failure to act) of the notary who is engaged in private practice as a result of making of the notarial action contradicting the legislation.

The insurance sum according to the insurance contract of the civil responsibility of the notary who is engaged in private practice cannot be less:

for the organization of activities of the notary who is engaged in private practice in the cities of Tashkent, Nukus and the administrative centers of areas - the thousandfold size of basic settlement size suffices;

for the organization of activities of the notary who is engaged in private practice in other settlements - the five hundredfold size of basic settlement size suffices";

The name of Chapter 4 after the word "Financial" to add 21) with the words "and social";

To add 22) with article 211 of the following content:

"Article 211. Social security of employees of notary office

Employees of notary office have the right to leave and to all types of benefits on the national social insurance. Fees on the national social insurance are paid in the sizes established by the legislation.

The state and accumulative provision of pensions of employees of notary offices, appointment and allowance payment on the national social insurance are made according to the legislation";

The text of Article 22 to state 23) in the following edition:

"Offices of notary public are financed according to the procedure, established by the legislation.

Activities of the notaries who are engaged in private practice are financed for the account:

parts of the amount of the state fee collected for making of notarial actions, being at the command the notaries who are engaged in private practice, in the amount of, established by the Cabinet of Ministers of the Republic of Uzbekistan;

the payments levied for accomplishment of additional actions of legal and technical nature, and also rendering services within active model of notariate;

other sources which are not prohibited by the legislation.

The taxation of the income of notaries is performed according to the procedure, established by the tax legislation.

Means in deposit accounts of the notary who is engaged in private practice are not the income of the notary. The address of collection on these means according to obligations of the notary is not allowed";

The Section I to add 24) with Chapters 42 and 43 of the following content:

"Chapter 42. Notarial chamber

Article 224. Status of Notarial chamber

The notarial chamber is the non-profit organization based on membership of all notaries who are engaged in private practice.

The notary of office of notary public can become the member of Notarial chamber on voluntary basis.

The notarial chamber acts on the basis of the principle of non-interference to the activities of notaries performed according to the legislation.

The notarial chamber together with its territorial administrations created in the Republic of Karakalpakstan, areas and the city of Tashkent forms single system of self-government of notariate.

Formation of other organizations with the tasks and powers similar to tasks and powers of Notarial chamber, is not allowed.

Notaries do not answer for obligations Notarial chamber, and the Notarial chamber does not answer for obligations notaries, except for the payments made by the Compensation fund under Notarial chamber for covering of the damage caused by the notary.

The decisions of Notarial chamber made within its powers are obligatory for the notaries who are engaged in private practice.

Financing of activities of Notarial chamber is performed at the expense of the admission and membership fees which size is established by the Conference of Notarial chamber, and other means which are not prohibited by the legislation.

Article 225. Main objectives of Notarial chamber

The main objectives of Notarial chamber are:

coordination of activities of the notaries who are engaged in private practice, enhancement of the legislation and law-enforcement practice, and also development of offers on uniform application of the legislation;

strengthening of role of notariate as institute of the prevention of disputes, increase in prestige of profession of the notary, and also the organization of professional training and advanced training of the notaries who are engaged in private practice and compulsory insurance of their civil responsibility;

taking measures to ensuring single notarial practice, collection and studying of statistical data about activities of the notaries who are engaged in private practice, distribution of positive work experience and rendering the methodical help to them;

development of methodical instructions of advisory nature for notarial actions;

holding the actions for legal promotion directed to increase in legal knowledge and legal culture of the population;

representation and protection of the rights and legitimate interests of the notaries who are engaged in private practice in the relations with state bodies and other organizations, in court and under other circumstances;

implementation of monitoring of observance by the notaries who are engaged in private practice, legislations on notariate, Rules of professional ethics and obligations, conducting functional audit checks, and also entering of offers into the qualification commissions on consideration of question of professional suitability of notaries;

cooperation with relevant organs of the government and management, non-state non-profit organizations concerning notarial activities.

Article 226. Bodies and officials of Notarial chamber

The conference of Notarial chamber is the supreme body of chamber and is convened if necessary, but at least once in five years.

The board of Notarial chamber is the executive body of Notarial chamber elected from among notaries according to the Charter of chamber and performs the current management of its activities.

The audit committee of Notarial chamber is body of financial control and is created according to the Charter of chamber.

The chairman of Notarial chamber is elected by the Conference of Notarial chamber on representation of the Ministry of Justice of the Republic of Uzbekistan for a period of five years from among the board members of Notarial chamber chosen the Conference. The same person cannot be the chairman of Notarial chamber more than two terms in a row.

The early response from position of the chairman of Notarial chamber is performed by the Conference of Notarial chamber on representation of the Ministry of Justice of the Republic of Uzbekistan in the cases established by the Charter of Notarial chamber.

Article 227. Funds under Notarial chamber

For the purpose of compensation of the damage caused by activities of the notaries who are engaged in private practice under Notarial chamber the Compensation fund is created.

For the purpose of assistance of notarial activities, ensuring social protection of notaries under Notarial chamber the Fund of support and social protection of activities of notaries is created.

For the purpose of support of activities of notaries of offices of notary public for Notarial chamber the Fund of support of activities of offices of notary public is created.

The compensation fund, Fund of support and social protection of activities of notaries and Fund of support of activities of offices of notary public for Notarial chamber are created at the expense of the funds allocated from the membership fee of notaries to Notarial chamber.

The amount of obligatory assignments is determined by the decision of board meeting of Notarial chamber at the end of the current year.

Control of rational use of means of funds under Notarial chamber is exercised by Notarial chamber.

Chapter 43. Control and monitoring of activities of the notary. Powers of judicial authorities in the field of notariate

Article 228. Control and monitoring of observance by notaries of the legislation on notariate

Control of observance by notaries of the legislation on notariate is exercised by the Ministry of Justice of the Republic of Uzbekistan, the Ministry of Justice of the Republic of Karakalpakstan, justice department.

The notarial chamber performs monitoring of activities of the notaries who are engaged in private practice.

Article 229. Powers of the Ministry of Justice of the Republic of Uzbekistan in the field of notariate

The Ministry of Justice of the Republic of Uzbekistan within the powers:

realizes state policy in the field of notariate;

takes measures for ensuring single notarial practice;

exercises control of observance by notaries of the legislation on notariate, analyzes and generalizes their work;

creates and liquidates offices of notary public, establishes and abolishes positions of the notary;

establishes the minimum quantity of positions of notaries in certain territory (in the notarial district);

renders assistance in activities of Notarial chamber;

will organize activities of the Highest qualification commission;

certifies authenticity of the signature of notaries and prints of their seals on documents, held for use abroad, performs other functions connected with activities of notariate;

together with Notarial chamber approves rules of notarial clerical work, the instruction about procedure for making of notarial actions by notaries, form of registers of registration of notarial actions, certifying texts and certificates, procedure for the organization of activities of the trainee of the notary;

develops and approves the regulatory legal acts regulating activities of notariate instructs also methodical explanations for notaries;

approves the list of the paid services and additional actions of legal and technical nature made by notaries, the amount of payment for making of these actions and rendering services, and also for issue by departmental notarial archives of duplicates of notarially certified documents, statements from registers, provision of references and copies of archive documents;

claims in coordination with Notarial chamber of form and establishes terms of representation of statistical data by notaries.

The Ministry of Justice of the Republic of Uzbekistan can perform also other powers according to the legislation.

Article 2210. Powers of the Ministry of Justice of the Republic of Karakalpakstan, justice departments in the field of notariate

The Ministry of Justice of the Republic of Karakalpakstan, justice department within the powers:

exercise control of legality of committed notarial actions by notaries;

give methodical and practical help to notaries;

generalize notarial practice;

will organize activities of the qualification commission;

license activities of the notaries who are engaged in private practice;

together with Notarial chamber will organize activities of the trainee of the notary;

exercise control of observance by the notaries who are engaged in private practice, licensed requirements and conditions;

keep the State register of licenses for the occupation right private notarial practice;

make the decision on suspension, the termination and cancellation of action of the license of the notary who is engaged in private practice in the cases provided by this Law;

perform registration and removal from accounting of the notaries who are engaged in private practice for the purpose of determination of the territory of their activities;

approve sketches of samples of seal and stamp of the notary;

keep the register of notaries;

provide notary offices with stamp (special) forms of the strict reporting;

take measures for destruction of seal and document transfer of the notary who stopped the activities in departmental notarial archive under the Ministry of Justice of the Republic of Karakalpakstan, justice departments.

Also other powers according to the legislation can exercise the Ministry of Justice of the Republic of Karakalpakstan, justice departments";

25) in Article 23 part one:

add with Item of 61 following contents:

"61) perform functions of mediator";

add with Item 122 following of content:

"122) is provided by proofs";

add with Items 141 and 142 of the following content:

"141) certify time of representation of object of the author's and related right;

142) certify identical legal force of the electronic document with the document in paper form";

26) in Article 34:

add with part two of the following content:

"Process of the certificate of transactions, statements and other documents can be performed by video conferencing";

second and third to consider parts respectively parts three and the fourth;

To add 27) with article 611 of the following content:

"Article 611. Accomplishment of functions of mediator

The notary acts as mediator on the basis of the voluntary consent of the parties in dispute for adoption of the mutually acceptable decision over the civil relations, including property and heritable questions.

The notary confirms the mediativny agreement signed between the parties if the parties reached the mutually acceptable decision concerning the conditions of execution of dispute or obligations following from results of implementation of the mediativny procedure";

Article 64 to add 28) with part two of the following content:

"The banks and other credit institutions which are drawing up mortgage agreements on real estate and vehicles in the primary market independently perform prohibition on property and removal of prohibition through the Single automated information system of notariate with use of information and communication technologies";

To add 29) with Article 702 following of content:

"Article 702. Providing proofs

In the civil relations at the request of interested persons the notary provides the proofs necessary in case of case in court or administrative authority if reasons to believe are had that production of evidence will become afterwards impossible or difficult.

For the purpose of providing proofs the notary writes down testimonies of witnesses, inspects and will examine written and physical evidences, appoints examination, confirms the facts on the world information Internet";

To add 30) with Articles 721 and 722 of the following content:

"Article 721. Certificate of time of representation of object of the author's and related right

The notary certifies time of representation of object of the author's and related right.

The certificate of time of representation of object of the author's and related right is not the basis for emergence of the author's and related right.

Article 722. The certificate of identical legal force of the electronic document with the document in paper form

The notary certifies compliance of electronic form of notarized statements, lease agreements and powers of attorney with the document submitted in paper form when implementing the actions which are not connected with property acquisition.

The certified electronic document form has identical legal force with the document in paper form.

The certificate of equivalence of legal force of electronic form of the transaction made in simple written form and also the documents confirming the personality with the document in paper form is not allowed";

Article 74 to add 31) with parts four - the seventh the following content:

"For receipt of money and securities the notary shall open the deposit account.

Transfer of personal means of the notary in this respect is not allowed.

The notary provides to the debtor the written notice of transfer of money into the deposit account for the purpose of representation it in bank in which the deposit account is opened.

Issue of the money and securities accepted into the deposit account of the creditor or debtor and also payment for use of the deposit are performed by bank based on the written notice of the notary".

Article 4. The paragraph third parts two of article 9 of the Law of the Republic of Uzbekistan of April 14, 1999 No. 756-I "About leasing" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 1999, No. 5, Art. 108; 2003, No. 1, Art. 8; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2007, No. 12, Art. 608; 2016, No. 12, Art. 384; 2019, 10, 671) to state No. to the Art. in the following edition:

"in cases when object of leasing is the property, transactions with which according to the law require the notarial certificate, except for agreements on leasing in case of real estate acquisition and vehicles in the primary market".

Article 5. Appendix No. 1 to the Resolution of Oliy Majlis of the Republic of Uzbekistan of May 12, 2001 No. 222-II "About the List of types of activity on which implementation licenses" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 2002, No. 6-7, of Art. 105 are required; 2003, No. 1, Art. 8; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2006, No. 4, Art. 154; 2007, No. 7, Art. 323, No. 9, Art. 416; 2009, No. 9, Art. 330; 2010, No. 9, Art. of the Art. 335, 341, No. 12, Art. 470; 2011, No. 12/2, of Art. 364; 2012, No. 4, Art. 105, No. 12, Art. 336; 2013, No. 4, Art. 98; 2014, No. 12, Art. 343; 2018, No. 1, Art. of the Art. 1, 4, No. 7, Art. 431, No. 10, Art. of the Art. 670, 677; 2019, 7, the Art. 389, No. 8, the Art. 471, No. 11, the Art. 792) to add No. with the paragraph of the following content:

"Private notarial activities".

Article 6. Part one of article 12 of the Law of the Republic of Uzbekistan of October 4, 2006 No. ZRU-58 "About mortgage" (Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2006, No. 10, Art. 535; 2010, No. 9, Art. of the Art. 337, 340; 2015, No. 8, Art. 312; 2017, No. 10, Art. 605; 2018, No. 1, Art. 4, No. 4, Art. 224; 2019, 10, 671) to state No. to the Art. in the following edition:

"The agreement on mortgage shall be notarially certified (except for agreements on mortgage in case of real estate acquisition in the primary market) and is subject to state registration".

Article 7. In paragraph six of part one of article 18 of the Law of the Republic of Uzbekistan of December 22, 2010 No. ZRU-269 "About realtor activities" (Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2010, No. 12, Art. 469; 2011, No. 12/2, of Art. 363; 2016, No. 12, Art. 383; 2019, 11, the Art. 792) words "offices of notary public" shall be replaced with words No. "notary offices".

Article 8. In paragraph six of part one of article 17 of the Law of the Republic of Uzbekistan of October 4, 2011 No. ZRU-301 "About exchange of credit information" (Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2011, No. 10, Art. 271; 2013, No. 4, Art. 98; 2015, No. 8, Art. 312; 2019, 3, the Art. 166) words "offices of notary public" shall be replaced with words No. "notary offices".

Article 9. From the paragraph of the fourth of part one of article 37 of the Law of the Republic of Uzbekistan of January 2, 2014 No. ZRU-364 "About guardianship and custody" (Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2014, No. 1, Art. 1; 2016, No. 12, Art. 383; 2017, No. 6, Art. 300; 2018, 7, the Art. 431) the words "or lease" to exclude No.

Article 10. In Article 76 of the Code of civil procedure of the Republic of Uzbekistan approved by the Law of the Republic of Uzbekistan of January 22, 2018 No. ZRU-460 (Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2018, appendix 1 to No. 1, No. 10, Art. 672; 2019, No. 3, Art. 166, No. 5, Art. 261, No. 9, Art. 592, No. 11, Art. of the Art. 791, 792):

add with part two of the following content:

"Persons participating in the case having the right to take in pre-judicial process measures for providing proofs in notarial procedure";

the second to consider part part three.

Article 11. Paragraph two of part five of article 12 of the Law of the Republic of Uzbekistan of July 3, 2018 No. ZRU-482 "About mediation" (Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2018, No. 7, Art. 427; 2019, 7, 389) to state No. to the Art. in the following edition:

"authorized on accomplishment of the state functions or equated to it, except for notaries".

Article 12. To provide to the Ministry of Justice of the Republic of Uzbekistan and other interested organizations execution, bringing to contractors and explanation among the population of essence and value of this Law.

Article 13. To the Cabinet of Ministers of the Republic of Uzbekistan:

bring decisions of the government into accord with this Law;

provide review and cancellation by state bodies of their regulatory legal acts contradicting this Law.

Article 14. This Law becomes effective from the date of its official publication.

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